The funds available for payments (after allowing for estimated administrative expenses, and not to exceed 5 per centum for payments with respect to range lands, noncrop pasture lands, and naval stores) shall be allocated among the commodities produced with respect to which payments or grants are to be computed. In allocating funds among the commodities the Secretary shall take into consideration and give equal weight to (1) the average acreages planted to the various commodities (including rotation pasture), for the ten years 1928 to 1937, adjusted for abnormal weather and other conditions, including acreage diverted from production under the agricultural adjustment and soil conservation programs; (2) the value at parity prices of the production from the allotted acreages of the various commodities for the year with respect to which the payment is made; (3) the average acreage planted to the various commodities during the ten years 1928 to 1937, including the acreage diverted from production under the agricultural adjustment and soil conservation programs, in excess of the allotted acreage for the year with respect to which the payment is made; and (4) the value based on average prices for the preceding ten years of the production of the excess acreage determined under item (3). The rate of payment used in making payments to the producers of each commodity shall be such that the estimated payments with respect to such commodity shall equal the amount of funds allocated to such commodity as herein provided. For the purpose of allocating funds and computing payments or grants the Secretary is authorized to consider as a commodity a group of commodities or a regional or market classification of a commodity. For the purpose of computing payments or grants the Secretary is authorized to use funds allocated to two or more commodities produced on farms of a designated regional or other classification to compute payments with respect to one of such commodities on such farms, and to use funds, in an amount equal to the estimated payments which would be made in any county, for making payments pursuant to a special program under section 8 approved by the Secretary for such county: Provided, That farm acreage allotments shall be made for wheat in 1938, but in determining compliance wheat shall be considered in the group with other crops for which special acreage allotments are not made. (Apr. 27, 1935, sec. 15, as added Feb. 29, 1936, sec. 1, 49 Stat. 1151, as amended Feb. 16, 1938, Title I, sec. 104, 52 Stat. 35; 16 U. S. C., sec. 5900.)

1084-37. Limitation on obligations incurred. The obligations incurred for the purpose of carrying out, for any calendar year, the provisions of sections 7 to 14, inclusive, of this Act shall not exceed $500,000,000. (Apr. 27, 1935, sec. 16, as added Feb. 29, 1936, sec. 1, 49 Stat. 1151; 16 U. S. C., sec. 590p.)

1084-38. Scope of application of article; "State" defined; short title.-(a) This Act shall apply to the United States, the Territories of Alaska and Hawaii, and the possession of Puerto Rico, and as used in this Act, the term "State" includes Alaska, Hawaii, and Puerto Rico.

(b) This Act may be cited as the "Soil Conservation and Domestic Allotment Act." (Apr. 27, 1935, sec. 17, as added Feb. 29, 1936, sec. 1. 49 Stat. 1151; 16 U. S. C., sec. 590q.)

1084-39. Secretary authorized to utilize regional associations and Government agencies in administering naval stores conservation programs.

That in administering the naval stores conservation programs authorized in section 8 of the Soil Conservation and Domestic Allotment Act and in making payments thereunder to gum naval stores producers the Secretary may utilize the services of regional associations of such producers or any agency of the Government in lieu of the State, county, and other local committees utilized in the other agricultural conservation programs if he finds that more efficient administration will result, and the provisions of section 388(b) of the Agricultural Adjustment Act of 1938 shall otherwise be applicable to the administration of said naval stores conservation programs. (June 16, 1938, Title I, 52 Stat. 746; 16 U. S. C., sec. 590h-1.)

1084-40. Photographs, mosaics, and maps to be furnished. That reproductions of such aerial or other photographs, mosaics, and maps as shall be required in connection with the authorized work of the Soil Conservation Service may be furnished at the cost of reproduction to Federal, State, county, or municipal agencies requesting such reproductions, *. (June 29, 1937, 50 Stat. 429; June 16, 1938, Title I, 52 Stat. 744; June 30, 1939, Title I, 53 Stat. 973; 16 U. S. C., sec. 590i-1.)

*

*

WATER CONSERVATION

1084-41. Declaration of Policy. That it is hereby recognized that the wastage and inadequate utilization of water resources on farm, grazing, and forest lands in the arid and semiarid areas of the United States resulting from inadequate facilities for water storage and utilization contribute to the destruction of natural resources, injuries to public health and public lands, droughts, periodic floods, crop failures, decline in standards of living, and excessive dependence upon public relief, and thereby menace the national welfare. It is therefore hereby declared to be the policy of Congress to assist in providing facilities for water storage and utilization in the arid and semiarid areas of the United States. (Aug. 28, 1937, sec. 1, 50 Stat. 869; 16 U. S. C., sec. 590r.)

1084-42. Powers and duties of Secretary of Agriculture in promoting proper land use. In order to effectuate this policy and promote proper land use in the said areas, the Secretary of Agriculture is hereby authorized, from time to time

(1) To formulate and keep current a program of projects for the construction and maintenance in the said areas of ponds, reservoirs, wells, check-dams, pumping installations, and other facilities for water storage or utilization, together with appurtenances to such facilities. The facilities to be included within such program shall be located where they will promote the proper utilization of lands and no such facilities shall be located where they will encourage the cultivation of lands which are submarginal and which should be devoted to other uses in the public interest;

(2) To construct and to sell or lease, with or without a money consideration, under such terms and conditions as will advance the purposes of this Act, the facilities mentioned in section 2 (1) and included within the program there provided for, including the lands upon which such facilities are located if they have been acquired or reserved for the purposes of this Act;

(3) To cooperate or enter into agreements with, or to furnish financial or other aid to, any agency, governmental or otherwise, or any person, subject to such conditions as he may deem necessary for the purposes of this Act; and

(4) To obtain options upon and to acquire lands, or rights or interests therein, or rights to the use of water, by purchase, lease, gift, exchange, condemnation, or otherwise, only when necessary for the purposes of this Act. (Aug. 28, 1937, sec. 2, 50 Stat. 869; 16 U. S. C., sec. 590s.)

1084 43. Location of projects.-The facilities included in the program provided for in section 2 (1) may be located

(a) On lands owned or controlled by the United States or any of its agencies, with the cooperation of the agency having jurisdiction thereof; and

(b) On any other lands upon obtaining proper consent or the necessary rights or interests in such lands. (Aug. 28, 1937, sec. 3, 50 Stat. 869; 16 U. S. C., sec. 590t.)

1084-44. State aid; requirements.-As a condition to extending benefits under this Act to any lands not owned or controlled by the United States or any of its agencies, the Secretary of Agriculture may, insofar as he may deem necessary for the purposes of this Act, require(1) The enactment of State and local laws providing for soil conserving land uses and practices, and the storage, conservation and equitable utilization of waters;

(2) Agreements or covenants in regard to the maintenance and permanent use of such water, facilities, or lands benefited by such facilities;

(3) Contributions in money, services, materials, or otherwise to any operations conferring such benefits. (Aug. 28, 1937, sec. 4, 50 Stat. 870; 16 U. S. C., sec. 590u.)

1084-45. Use of employees and agencies within the Department of Agriculture required. The Secretary of Agriculture, in administering the provisions of this Act, shall utilize the officers, employees, and facilities of agencies within the Department of Agriculture whose functions are related to the program provided for in this Act, and may allot to such agencies or transfers to such other agencies of the Federal Government as he may request to assist in carrying out any of the provisions of this Act, any funds available for the purposes of this Act. (Aug. 28, 1937, sec. 5, 50 Stat. 870; 16 U. S. C., sec. 590v.)

1084 46. Cooperation of governmental agencies; expenditures; rules and regulations. For the purposes of this Act, the Secretary of Agriculture may

(1) Secure the cooperation of any governmental agency;

(2) Make expenditures for personal services and rent in the District of Columbia and elsewhere, for the purchase of law books and books of reference, for printing and binding, for the purchase, exchange, operation, and maintenance of passenger-carrying vehicles, for supplies and equipment, for traveling expenses and for other administrative expenses; and

(3) Perform such acts, and prescribe such rules and regulations as he may deem proper to carry out the provisions of this Act. (Aug. 28, 1937, sec. 6, 50 Stat. 870; 16 U. S. C., sec. 590w.)

1084-47. Appropriation.-There are hereby authorized to be appropriated for the purposes of this Act such sums as Congress may from time to time determine to be necessary. (Aug. 28, 1937, sec. 7. 50 Stat. 870; 16 U. S. C., sec. 590x.)

1084-48. Withdrawal of national-forest lands for protection of municipal watersheds authorized. That whenever a municipality obtains its water supply from a national forest and has entered into a cooperative agreement with the Secretary of Agriculture for the protection of the watershed within the national forest from which the water is secured, the President of the United States may, and he is hereby, authorized, upon application by said municipality, and endorsed by the governing board of the county or counties in which the lands concerned are located and approved by the Secretaries of Agriculture and the Interior, to reserve and set aside from all forms of location, entry, or appropriation any national-forest lands, which are covered by such cooperative agreement, subject, however, to valid, existing rights and claims, and such reservation shall remain in force until revoked by the President or by an Act of Congress: Provided, That nothing herein shall affect the power of the Sercetary of the Interior to withdraw and utilize withdrawn lands under the Federal reclamation laws: And provided further, That the President, upon recommendation of the Secretaries of the Interior and Agriculture, may, by Executive order, when in his judgment the public interest would best be served thereby and after reasonable notice has been given through the Department of the Interior, restore any of the lands so withdrawn to appropriation under an applicable public-land law. (May 28, 1940, sec. 1, 54 Stat. 224.)

1084-49. Same; Secretary of Agriculture authorized to administer forest lands withdrawn for municipal watersheds.-Lands withdrawn under the provisions of this Act shall be administered by the Secretary of Agriculture under such agreements for the protection of the watershed as he may make with the municipality concerned, and the Secretary of Agriculture is hereby authorized, in addition to the rules and regulations adopted for the administration of the national forests, to adopt and prescribe such further rules and regulations as he considers necessary to effect the adequate protection of the watershed, including a rule or regulation forbidding persons other than forest officers and representatives of the municipality from going on the lands so reserved or making any use whatever thereof. (May 28, 1940, sec. 2, 54 Stat. 224.)

1084-50. Same; Forest Service authorized to receive reimbursement from municipalities deriving water from national forests.-Whenever national-forest lands are withdrawn under this Act, and the municipality concerned objects to the utilization of the timber or other resources of lands withdrawn, and the Secretary of Agriculture agrees to withhold such resources from utilization, said municipality shall pay to the Forest Service annually an amount which the Secretary of Agriculture shall determine is necessary to reimburse the United States for the loss of net annual revenues which would be derived from the resources so withheld from disposition. (May 28, 1940, sec. 3, 54 Stat. 225.)

1084-51. Same; penalty provisions.-Any violation of the regulations issued under this Act shall be punished as is provided in section 50 of

the Act entitled "An Act to codify, revise, and amend the penal laws of the United States," approved March 4, 1909 (35 Stat. L. 1098). (May 28, 1940, sec. 4, 54 Stat. 225.)

1084-52. Water conservation in Great Plains and in arid and semi-arid areas authorized; powers of Secretary of the Interior thereunder. For the purpose of stabilizing water supply and thereby rehabilitating farmers on the land and providing opportunities for permanent settlement of farm families, the Secretary of the Interior (hereinafter referred to as "the Secretary") is hereby authorized to investigate and, upon compliance with the provisions of this Act, to construct water conservation and utilization projects in the Great Plains and arid and semiarid areas of the United States, and to operate and maintain each such project in accordance with the provisions of this Act: Provided, That the United States shall retain title to the dams, reservoirs, irrigation, and other project works until Congress otherwise provides: And provided further, That expenditures from appropriations made directly pursuant to the authority contained in section 12 (1) to meet reimbursable construction costs allocated to irrigation as defined in section 4 (b) shall not exceed $1,000,000 for dams and reservoirs in any one project. (Aug. 28, 1937, 50 Stat. 869; Aug. 11, 1939, 53 Stat. 1418; Oct. 14, 1940, 54 Stat. 1119.)

1084-53. Same; Department of Agriculture authorized to participate in program; reimbursement.-In connection with the investigation, construction, or operation and maintenance of a project, pursuant to the authority of this Act, the Secretary is authorized to utilize (1) in such manner as the President may direct, services, labor, materials, or other property, including money, supplied by the Work Projects Administration, the Civilian Conservation Corps, the Office of Indian Affairs, the Department of Agriculture, or any other Federal agency, for which the United States shall be reimbursed in such amounts as the President may fix for each project, within the limits of the water users' ability to repay costs as found by the Secretary under subsection 3 (a) (iv); and (2) such services, labor, materials, easements or property, including money, as may be contributed by any State or political subdivision thereof, State agency, municipal corporation, or other organization, or individuals, if, in the judgment of the Secretary, the acceptance thereof will not impair the title of the United States to the project works and will not reduce the probability that the project water users can meet the obligations to the United States entered into pursuant to this Act. Moneys received and accepted under (2) of this section shall be and remain available for expenditure for the purposes for which contributed in like manner as if said sums had been specifically appropriated for said purposes. (Aug. 28, 1937, 50 Stat. 869; Aug. 11, 1939, 53 Stat. 1418; Oct. 14, 1940, 54 Stat. 1119.)

1084-54. Same; limitations upon construction; further functions of Secretary of Agriculture.-(a) No construction of a project may be undertaken pursuant to the authority of this Act unless and until the Secretary has made an investigation thereof and has submitted to the President his report and findings on

(i) the engineering feasibility of the proposed construction; (ii) the estimated cost of the proposed construction;

(iii) the part of the estimated cost which properly can be allocated to irrigation;